All applications of licenses, all licenses issued and all proceedings under this chapter shall be subject to the act, rules and regulations referred to in § 114-1 and shall be subject to any other statutes of New Jersey or of the United States.
[Amended 11-22-2021 by Ord. No. 21-27]
The Mayor and Council of the Borough shall constitute
the authority for the administration of issuance of licenses under
this chapter. The Borough Clerk shall forthwith report the issuance
of all such licenses to the Director of the Division of Alcoholic
Beverage Control.
It shall be unlawful to sell or distribute alcoholic beverages in the Borough without a license previously applied for and granted pursuant to the provisions of the act referred to in § 114-1 and the provisions of this chapter.
A.
Fee. The fee for a plenary retail consumption license shall be as set forth in the Borough Fee Schedule as indicated in § 206-2H and be kept on file in the office of the Borough Clerk.
[Amended 12-16-1996 by Ord. No. 1172; 11-22-2021 by Ord. No. 21-27]
B.
Rights of licensee. The holder of such license shall
be entitled, subject to rules and regulations, to sell any alcoholic
beverages for consumption on the licensed premises by the glass or
other open receptacle, and also to sell any alcoholic beverages in
original containers for consumption off the licensed premises during
the hours permitted to retail distribution licensees.
[Amended 3-21-1988 by Ord. No. 952; 8-6-1990 by Ord. No. 1008; 12-16-1996 by Ord. No. 1172; 11-22-2021 by Ord. No.
21-27]
A.
Fee. The fee for a plenary retail distribution license shall be as set forth in the Borough Fee Schedule as indicated in § 206-2H and be kept on file in the office of the Borough Clerk.
B.
Rights of licensee. The holder of this license shall be entitled,
subject to rules and regulations, to sell any alcoholic beverages
in original containers only, for consumption off the licensed premises.
[Amended 12-16-1996 by Ord. No. 1172; 11-22-2021 by Ord. No.
21-27]
A.
Fee. The fee for a club license shall be as set forth in the Borough Fee Schedule as indicated in § 206-2H and be kept on file in the office of the Borough Clerk.
B.
Rights of licensee. The holder of this license shall be entitled,
subject to rules and regulations, to sell any alcoholic beverages,
but only for immediate consumption on the licensed premises and only
to bona fide club members and their guests. Club licenses may be issued
only to such corporations, associations and organizations as are operated
for benevolent, charitable, fraternal, social, religious, recreational,
athletic or similar purposes, and not for private gain, and which
comply with all conditions which may be imposed by the Director of
Alcoholic Beverage Control by rules and regulations. Each application
for a club license shall set forth the names and addresses of all
officers, trustees, directors or other governing officials, together
with the names and addresses of all the members of the applying club,
corporation or association.
[Amended 11-22-2021 by Ord. No. 21-27]
All licenses shall be for a term of one year
from July 1 through June 30 in each year, and all fees shall be paid
in advance upon presentation of the application.
[Added 11-22-2021 by Ord. No. 21-27]
A.
Every applicant for a license shall cause a notice of intention to
make such application to be published in accordance with the rules
and regulations prescribed by the Division of Alcoholic Beverage Control
of the State of New Jersey. All applications for licenses shall set
forth, in full, answers to questions prescribed by the aforesaid Act,
and by the rules and regulations of the Director of the Division of
Alcoholic Beverage Control and shall include declarations called for
by these provisions.
B.
When any license is issued it shall be issued to the persons applying
therefor. The word "person" as herein used shall be deemed to mean
any natural person or association of natural persons, association,
trust company, partnership, corporation, organization, or the manager,
agent, servant, officer, or employee of any of them. A separate license
shall be required for each specific place of business, and each license
shall be effectual only for the licensed premises mentioned therein;
provided, however, that upon an application for a transfer in the
same manner as for an original application, and upon publication of
intention to transfer in the same manner as in the case of an original
application, the Mayor and Council of the Borough may issue a transfer
of such license to a different place of business by endorsing such
permission upon such license, and upon payment of applicable fees.
[1]
Editor's Note: Former § 114-10, Number of licenses
granted; proximity of premises, was repealed 9-21-2009 by Ord. No.
1671.
A.
Plenary retail consumption license.
(1)
No plenary or consumption licensee shall sell, serve,
deliver or allow, permit or suffer the sale or delivery of any alcoholic
beverages on the licensed premises on Sundays between the hours of
3:00 a.m. and 12:00 noon, or on Mondays through Saturdays between
the hours of 2:00 a.m. and 7:00 a.m.; except that on New Year's Day
the above described activity may continue from New Year's eve until
4:00 a.m. New Year's day.
[Amended 12-16-1996 by Ord. No. 1172]
(2)
During the hours that sales are hereinabove prohibited,
the entire licensed premises of any plenary or seasonal retail consumption
licensee shall be closed.
(3)
The provisions § 114-11A(2) shall not apply to restaurants and other eating establishments holding plenary retail consumption liquor licenses and meeting either of the following criteria:
[Added 9-21-2009 by Ord. No. 1671]
(a)
The establishment, through annual reports filed by it with the Police
Department of the Borough and sworn to by an officer, partner or proprietor,
as applicable, certifies that 25% or less of the gross revenue for
the preceding calendar year was generated through the sale of alcoholic
beverages; or
(b)
The area or areas in which food and nonalcoholic beverages are served
are in a room or rooms separate from any bar, bars or other areas
where alcoholic beverages are dispensed or stored, or such bar, bars
or other areas where alcoholic beverages are dispensed or stored are
secured in such manner as to prohibit access to entrances, exits,
restrooms, kitchen and other facilities for the preparation and service
of food without entering an area or room where alcoholic beverages
are stored in an unsecured manner; and all rooms or facilities for
the storing or dispensing of alcoholic beverages are secured so as
to prohibit access to said alcoholic beverages after the hours of
sale permitted by this article and until the permitted opening hour.
B.
Plenary retail distribution license.
(1)
No plenary retail distribution licensee shall sell,
deliver or allow, permit or suffer the sale of any alcoholic beverages
except between the hours of 9:00 a.m. and 10:00 p.m. from Monday through
and including Saturday.
(2)
Sales by plenary retail distribution licensees on
Sunday are permitted between the hours of 12:00 noon and 6:00 p.m.,
except that when December 24 and December 31 fall on a Sunday, sales
by plenary retail distribution licensees on said December 24 and December
31 are permitted between the hours of 9:00 a.m. and 10:00 p.m.
[Amended 5-20-2002 by Ord. No. 1383; 2-5-2007 by Ord. No.
1558]
(3)
These restrictions do not apply to the sale of wine
and malt alcoholic beverages in an original bottle or can container
as covered by N.J.S.A. 33:1-40.3.
[Added 5-20-2002 by Ord. No. 1383]
